Toshiba SD-H400-S-TU Installation Guide - Page 270

s_e_r_v, A_g_r_e_e_m_e_n_t, Payment, Authorization., Using, Service., Advertising, Promotions.

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C --,- T_ _V_O_ _P_l_U_s_ _s_e_r_v_ _c_e_ _A_g_r_e_e_m_e_n_t _ does not make any assurances about the availability or functionality of the TiVo Plus service over a broadband connection. Firewall protection is strongly advised for any broadband Internet connections to protect your TiVo DVR from viruses and other harmful things. You are responsible for any telephone or broadband service charges incurred as a result of using or accessing the TiVo Plus service and acknowledge and agree that you shall be solely responsible for all disputes with any telephone company or Internet service provider related to the same. 11. Payment Authorization. If you choose a subscription option with recurring payments, you agree that TiVo may automatically charge the subscription fee to your credit or charge card at the beginning of each period. Your TiVo Plus service access will not be established until TiVo has verified that the credit card information you provide us for payment is accurate and that your credit card account is in good standing. TiVo may, as necessary, extend the expiration date of your credit card in order to ensure continued service. TiVo may, at its discretion, change the TiVo Plus service fees from time to time, and charge fees (which TiVo may also change) for features and functionalities that are not a part of the TiVo Plus service. TiVo will notifY you 30 days in advance of any fee changes or new fees; you may obtain the fees currently in effect at any time by contacting TiVo Customer Service at 1-877-367-8486. TiVo reserves the right to suspend or terminate your TiVo Plus service without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to TiVo when TiVo believes you are liable for the charges. You agree to pay a late charge on all amounts due which remain unpaid for 30 days. The late charge will equal 1.5% of the past due amount, or the highest rate allowed by law, per month until paid. Such rights are in addition to and not in lieu of any other legal right or remedies available to TiVo. TiVo reserves the right to refer your account to a third party for collection in the event of an ongoing default. 12. Using the TiVo Plus Service. You may access and use the TiVo Plus service only with a TiVo DVR that is authorized to receive the TiVo Plus service and you agree not to tamper with or otherwise modify your TiVo DVR. The TiVo Plus service is provided for your personal, non- commercial use, and may not be resold, in whole or in part. Except as expressly provided in this Agreement, you may not transfer the TiVo Plus service. By using the TiVo Plus service, you agree to receive all software updates and upgrades that TiVo sends to your TiVo DVR. If your TiVo DVR accesses the TiVo Plus service (regardless of your payment or subscription status), you acknowledge and agree that you are a user of the TiVo Plus service and are bound by the terms of this Agreement. 13. Advertising and Promotions. The TiVo Plus service is advertiser supported. The hard disk drive of your TiVo DVR contains reserved space in addition to the advertised recording capacity. TiVo reserves the right to send content (including advertising and promotional material) to such reserved portions of your TiVo DVR's hard disk drive as part of the TiVo Plus service. In order to send such content, you agree that TiVo may tune your TiVo DVR to a particular channel at a particular time. 14. Definition of Product lifetime Subscription. A "Product Lifetime Subscription" to the TiVo Plus service covers the life of the TiVo DVR you buy - not the life of the subscriber. The Product Lifetime Subscription accompanies the TiVo DVR in case of ownership transfer. The subscription remains in effect ifthe TiVo DVR needs to be repaired or replaced due to a malfunction (see manufacturer or retailer warranty details) or even ifyou upgrade your TiVo DVR to increase storage capacity (though such upgrades, ifnot performed by a TiVo-authorized third party, will void the warranty on your TiVo DVR and constitute a breach of this Agreement). Because a Product Lifetime Subscription is linked to a particular TiVo DVR, you may not transfer it to any other TiVo DVR unless all the following conditions apply: (a) the TiVo DVR is being replaced 137

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C
--,-
T
__
V_O
__
P_l_U_s
__
s_e_r_v
__
c_e
__
A_g_r_e_e_m_e_n_t
_
does not make any assurances about the availability or functionality
of
the TiVo Plus service over a broadband connection. Firewall
protection is strongly advised for any broadband Internet connections
to protect your TiVo
DVR
from viruses and other harmful things.
You are responsible for any telephone
or
broadband service charges
incurred as a result
of
using or accessing the TiVo Plus service and
acknowledge and agree that you shall be solely responsible for all
disputes with any telephone company
or
Internet service provider
related
to
the same.
11.
Payment
Authorization.
If
you choose a subscription option with
recurring payments, you agree that TiVo may automatically charge
the subscription fee to your credit or charge card at the beginning
of
each period. Your TiVo Plus service access will not be established
until TiVo has verified that the credit card information you provide
us for payment is accurate and that your credit card account is in
good standing. TiVo may,
as
necessary, extend the expiration date
of
your credit card in order to ensure continued service. TiVo may, at its
discretion, change the TiVo Plus service fees from time to time, and
charge fees (which TiVo may also change) for features and
functionalities that are not a part
of
the TiVo Plus service. TiVo will
notifY you 30 days in advance
of
any fee changes or new fees; you
may obtain the fees currently in effect at any time by contacting
TiVo Customer Service at 1-877-367-8486. TiVo reserves the right
to
suspend or terminate your TiVo Plus service without notice upon
rejection
of
any credit card charges or
if
your card issuer (or its agent
or affiliate) seeks return
of
payments previously made to TiVo when
TiVo believes you are liable for the charges. You agree to pay a late
charge on all amounts due which remain unpaid for 30 days. The late
charge will equal 1.5%
of
the past due amount,
or
the highest rate
allowed by law, per month until paid. Such rights are in addition to
and not in lieu
of
any other legal right or remedies available to TiVo.
TiVo reserves the right to refer your account to a third party for
collection in the event
of
an ongoing default.
12.
Using
the
TiVo
Plus
Service.
You may access and use the TiVo
Plus service only with a TiVo
DVR
that
is
authorized to receive the
TiVo Plus service and you agree not to tamper with or otherwise
modify your TiVo DVR. The TiVo Plus service is provided for your
personal, non- commercial use, and may not be resold, in whole or in
part. Except
as
expressly provided in this Agreement, you may not
transfer the TiVo Plus service. By using the TiVo Plus service, you
agree to receive all software updates and upgrades that TiVo sends to
your TiVo DVR.
If
your TiVo
DVR
accesses the TiVo Plus service
(regardless
of
your payment
or
subscription status), you
acknowledge and agree that you are a user
of
the TiVo Plus service
and are bound by the terms
of
this Agreement.
13.
Advertising
and
Promotions.
The TiVo Plus service is advertiser
supported. The hard disk drive
of
your TiVo
DVR
contains reserved
space in addition to the advertised recording capacity. TiVo reserves
the right
to
send content (including advertising and promotional
material) to such reserved portions
of
your TiVo DVR's hard disk
drive as part
of
the TiVo Plus service. In order to send such content,
you agree that TiVo may tune your TiVo
DVR
to a particular
channel at a particular time.
14.
Definition
of
Product
lifetime
Subscription.
A "Product
Lifetime Subscription" to the TiVo Plus service covers the life
of
the
TiVo
DVR
you buy -
not the life
of
the subscriber. The Product
Lifetime Subscription accompanies the TiVo
DVR
in case
of
ownership transfer. The subscription remains in effect
ifthe
TiVo
DVR
needs to be repaired
or
replaced due to a malfunction (see
manufacturer or retailer warranty details) or even
if
you upgrade your
TiVo
DVR
to increase storage capacity (though such upgrades,
ifnot
performed by a TiVo-authorized third party, will void the warranty
on your TiVo
DVR
and constitute a breach
of
this Agreement).
Because a Product Lifetime Subscription is linked
to
a particular
TiVo DVR, you may not transfer it
to
any other TiVo DVR unless all
the following conditions apply: (a) the TiVo
DVR
is being replaced
137